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California Public Records Act (Govt.Code Section 6250)
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The California Public Records Act (CPRA) was passed by the California Legislature in 1968. In 2021 the legislature enacted the CPRA Recodification Act (AB 473). This Act, effective Jan. 1, 2023, renumbered and reorganized the PRA in a new Division 614 of the Government Code, beginning at section 7920.005. The CPRA requires that government/public agency records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so.
FAQS
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What is a public record?
The CPRA defines a "public record" as "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency, regardless of physical form or characteristics." Gov. Code 7920.530.
A "writing" is defined as "any handwriting, typewriting, printing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation. Gov. Code §7920.545.
The California Public Records Act applies only to existing records, it does not require a local agency to create a record that does not exist at the time of the request.
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Are there exemptions to record disclosure?
Yes. Records may be withheld from disclosure as authorized by law under the California Public Records Act. Records exempt from disclosure include:
- Preliminary drafts, notes, or inter-agency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure (Gov. Code, § 7927.500);
- Records pertaining to pending litigation or pending claim to which the public agency is a party, until the pending litigation or pending claim has been finally adjudicated or otherwise settled (Gov. Code, § 7927.200);
- Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy (Gov. Code, § 7927.700);
- The home addresses, home telephone numbers, personal cellular telephone numbers, and birthdates of all employees of a public agency (Gov. Code, § 7928.300);
- Non-disclosable pupil or educational records (Family Educational Rights & Privacy Act [FERPA], 20 U.S.C., § 1232g; 34 C.F.R. Part 99; Ed. Code, § 49060, et seq.; Cal. Code Regs., tit. 5, § 430, et seq.; Gov. Code, § 7927.705); and
- Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege, including but not limited to the attorney client privilege, the official information privilege, and the deliberative process privilege (Gov. Code, §§ 7927.705, 7922.000; see also City of Petaluma v. Superior Court (2016) 248 Cal.App.4th 1023, 1033-1034).
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How are records produced or received?
Most records are produced electronically free of charge.
Individuals may request physical photocopies for a fee of $0.25 per page.
Materials and/or textbooks which may contain copyright content may be inspected at the school district office located at 41870 McAlby Court, Murrieta, CA 92562. An appointment will be made once a request is received.
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What is the turnaround time to produce a record?
Within ten (10) days of receiving any request for a copy of records, the Superintendent or designee shall determine whether the request seeks copies of disclosable public records in the district’s possession.
The Superintendent or designee shall promptly inform the person making the request of his/her determination and the reasons for the decision (Government Code 7920).
In unusual circumstances, the Superintendent or designee may extend the 10-day limit for up to fourteen (14) days by providing written notice to the requester and setting forth the reasons for the extension and the date on which a determination is expected to be made.
Please note, requests for email records require an extensive search and may take longer than a few weeks depending on the volume (number of records) responsive to the request. Per retention protocols, the district only retains email records for up to one year.
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Are student records available?
Student records are protected through the Family Educational Rights and Privacy Act (FERPA), which provides privacy protection for student records.
Parent(s)/Guardian(s) can obtain a copy of their own student records by emailing our Student Support Services.
Subpoenas for student records are processed through our Student Support division. You may email Student Support the subpoena or any other court order requesting records.
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Are public records requests confidential?
No. Once Murrieta Valley USD receives a public record request, the request and any response becomes public.